WEEK 2 : LECTURE 1 - INTRODUCTION TO MEDIA LAW

Associate Degree in Creative Multimedia LAW 101, MEDIA LAW

Year 3_Semester: 01
From October 2021 to February 2022

WHAT IS LAW?

 Law is, at least at the basic level, a set of rules which a community is governed by, all in a
Community are bound by law and no one can ‘opt out’ of it.

WHAT IS MEDIA LAW?

 The legislation through which governments regulate the mass media. It includes issues of
censorship, copyright, defamation, broadcast law, and antitrust law.

THE PURPOSE OF MEDIA LAW

Media law provides a framework for the resolution of legal issues related to ;
 Creative Multimedia ,film, television,
 digital media, advertising, publishing,
 marketing and other areas of the media.
EVOLUTION OF THE CONCEPT LAW

There are two different theories on evolution of law:

 One view is that law mirrors socially accepted norms and values. Here the
society gives the lead, which the law follows. Hence, here the law consists of
the norms observed by the people, may not be recognized by the state.
 Second contrary view is that the law is the command of a supreme law
maker. Here, the law is viewed as giving lead to the society, rather than as a
mirror of what is socially accepted. E.g.: King’s word is the law.
BRANCHES OF LAW
 Intellectual Property Law
 Commercial/Business law Law /Mercantile law
 Contract law
 Industrial law
 Company law
 Family Law etc.
 Constitutional law
 Criminal law
 Law of tort/civil law
 International law
 Administrative law
 Environmental law
SOURCES OF LAW (WHERE LAW CAN BE FOUND)
Legislation
Legislation refers to the laws passed by the parliament. This is the main source of law.
 Acts
Laws passed by the parliament of a country are known as Acts. They use the term Act
after the name of the law. ex: Banking Act, Companies Act

CONSTITUTION
Constitution of a country can be defined as the ‘body of fundamental principles according to
which a state or other organization is governed. A constitution deals with three main areas
of a state:
 Legislature (Parliament) (the body that enact laws)
 Executive (comprise head of the country, cabinet ministers etc.)
 Judiciary (body responsible for administration of justice in a country).

 
 WEEK 3 : LECTURE 2 - ARTISTIC FREEDOM OF EXPRESSION
Associate Degree in Creative Multimedia LAW 101,
MEDIA LAW Year 3_Semester: 01
From October 2021 to February 2022

WHAT IS ARTISTIC FREEDOM OF EXPRESSION?

 Freedom to imagine, create and distribute diverse cultural expressions free of

governmental censorship, political interference or the pressures of non-state
actors. It includes the right of all citizens to have access to these works and is
essential for the wellbeing of societies.

WHY IS FREEDOM OF EXPRESSION IMPORTANT IN ART?

 The freedom of expression is also the freedom to create.

 The power of art to communicate and open up new perspectives and ideas makes
the artist, artistic mobility and artistic freedom strategic resources for society,
helping to overcome fragmentation and addressing today's global challenges.
WHAT IS THE PUPROSE OF ARTISTIC FREEDOM?
 Art provides a means to express the imagination (things, places, ideas that are unreal or
unknowable) in nongrammatic ways. Unlike words, which come in sequences,each of which has a
definite meaning, art provides a range of forms, symbols and ideas with meanings that can be
determined by the artist.
ARTISTIC EXPRESSION CAN BE ENJOYED IN A VARIETY OF FORMS SUCH AS:
 Painting and drawing.
 Sculpting.
 Needle work.
 Drama.
 Music.
 Dance.
 Creative writing.
 Photography
 WEEK 4 : LECTURE 3 - LEGAL FRAMEWORKS TO PROTECT AND PROMOTE
ARTISTIC FREEDOM
Associate Degree in Creative Multimedia LAW
101,MEDIA LAW Year 3_Semester: 01
From October 2021 to February 2022

Legal frameworks to protect and promote artistic freedom reflect the conviction that
"[c]ulture constitutes one process of, and space for, democratic debate.
The freedom of artistic expression forms its backbone;
 There is compelling evidence that participation in culture also promotes democratic
participation as well as empowerment and well-being of our citizens. Farida Shaheed
wrote: "Artists may entertain people, but they also contribute to social debates,
sometimes bringing counter-discourses and potential counterweights to existing
power centres. Moreover, she emphasized that "the vitality of artistic creativity is
necessary for the development of vibrant cultures and the functioning of democratic
societies.
 Artistic expressions and creations are an integral part of cultural life, which entails;
contesting meanings and revisiting culturally inherited ideas and concepts. According
to Freemuse, "[p]opulists and nationalists, who often portray human rights as a
limitation on what they claim is the will of the majority, are on the rise globally.
 CONT…

 As this phenomenon rises, artists continue to play an important role in

expressing alternative visions for society. This is why "artists are sometimes
responsible for radical criticism. As a result, artistic expressions and artists are
suffering censorship and violations worldwide. "Artists are among the first to be
silenced by repressive regimes: the poets, playwrights and painters who
challenge the status quo are often lone workers, and as such easy targets for an
authoritarian state or violent oppressor. When their views fail to accord with the
mainstream, the artist is also vulnerable to the censorship of the mob. That is
why it is vital that artistic expression is protected.
Freemuse's 2016 report "Arts under threat" ;shows that "[i]t is not only
governments violating the right to artistic freedom.
 2016 saw a worrying amount of actions by non-state actors, ranging
from militant extremists to peaceful community groups, against art and
artists. In some incidences, authorities censored artists based on
requests or the interference from civil society groups.Based on this
development, "[m]ajor sources of international law across the board
recognize freedom of artistic creativity explicitly, or implicitly, as an
inherent element of the right to freedom of expression. In these
instruments, the individual right to express ideas creatively is often
irrevocably linked with the right to receive them. The growing
importance of artistic freedom as a specific right is reflected by the
introduction of the role of the UN Special Rapporteur in the field of
culture in 2009, and other rapporteurs, notably the Special Rapporteur
on freedom of expression.
 UN INSTRUMENTS

ARTISTIC FREEDOM AS A SPECIFIC RIGHT

According to Farida Shaheed, the most explicit legal provisions

protecting the right to the freedom indispensable for artistic expression
and creativity are the following:
 Article 15 (3) of the 
International Covenant on Economic, Social and Cultural Rights
 (ICESCR): States "undertake to respect the freedom indispensable
for ... creative activity";
 Article 19 (2) of the International Covenant on Civil and Political Rights
 (ICCPR): "Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart information (...)
in the form of art, or through any other media of his choice
 Article 13 and 31 of the Convention on the Rights of the Child;
 Article 13 (1) of the American Convention on Human Rights (ACHR);
 Article 14 of the ACHR Protocol in the area of Economic, Social and Cultural
Provisions;
 Article 42 of the Arab Charter on Human Rights;
 Article 27 (1) of the Universal Declaration of Human Rights (UDHR): the
universal right "to enjoy the arts";
 Article 49 of the Case of Karataş v. Turkey by the 
European Court of Human Rights (ECtHR) emphasizes that the "[freedom of
artistic expression] (...) affords the opportunity to take part in the public
exchange of cultural, political and social information and ideas of all kinds. (...)
Those who create, perform, distribute or exhibit works of art contribute to the
exchange of ideas and opinions which is essential for a democratic society.
Hence there is an obligation on the State not to encroach unduly on the
author's freedom of expression.
 WEEK 5 : LECTURE 4 - CONTEMPORARY ART CENSORSHIP
Associate Degree in Creative Multimedia
LAW 101, MEDIA LAW Year 3_Semester: 01
From October 2021 to February 2022

Censorship, the suppression of words, images, or ideas that are "offensive," happens
whenever some people succeed in imposing their personal political or moral values on
others. Censorship can be carried out by the government as well as private pressure groups.
Censorship by the government is unconstitutional.

REASONS WHY ART IS CENSORED

 Art is censored in order to avoid the subversion of politics and the corruption of morals
especially artworks that are considered to be obscene e.g; paintings, sculptures and etc.
 Censorship of the arts is necessary for a pluralist society because it protects traditional
family values.
 Censorship of the arts is necessary to protect both children and adults from images and
other artistic content that lack redeeming social values.
 HOW CENSORSHIP AFFECT THE CREATIVITY OF
ARTISTS?

Censorship is the most common violation of artistic freedom, it

results in; Tampered photographs, removed paintings, destroyed
sculptures, detained artists, and silenced opinions.
 Artworks and artists are unduly censored due to their creative
content, which is opposed by governments, political and
religious groups, social media platforms, museums, or by
private individuals.
 Artists and advocates of artistic freedom are often silenced for
questioning social and religious norms or expressing political
views that oppose dominant narratives. Even so, regardless of
the censors’ rationale behind removing or oppressing art, their
actions potentially justify its meaning even more.
 Cont…….
Reality has always been, from the beginnings of artistic
expression, an essential vehicle for creation. The depiction
of what the eyes see, and what humans feel and think, is
one of the main themes for art. Nevertheless, artistic
production never solely replicated reality —even during
Realism it had its purpose of showing the brutality or
beauty of everyday life to viewers— and neither has art
ever been just a personal reflection of an artist,
unengaged from the world. Its interpretation is
confounded within a web of contextual meanings,
exposing it to vulnerability when forced into an artificial
context.
 Museums

Thérèse Dreaming (1938), Balthus. Pic courtesy of Metropolitan Museum of Art, New York.

Recent acts of art censorship in museums, against works or exhibitions from renowned artists, have been interpreted
by many as proof of dangerous political correctness and total disregard of the value of the pieces. Works of artists
from the 19th and 20th centuries were recently deemed offensive either by museums or the public and
consequently removed from display. Among others, the Manchester Art Gallery took down John William
Waterhouse’s painting Hylas and the Nymphs (1896); Egon Schiele’s centennial exhibition advertisements suffered
censorship in London and Germany; and, on the occasion of the show Balthus: Cats and Girls – Paintings and
Provocations, a petition was signed by many to convince New York’s Metropolitan Museum of Art to control the way
people look at Balhus’ Thérèse Dreaming (1938).
• Museums were established to protect artistic freedom and defend
the right of art to shock and unsettle, and defend the right of the
viewer to be unsettled. However, institutions also tend to censor
works of art on political grounds and stimulate debates. The
recent case of postponing Philip Guston’s retrospect that was
scheduled to be opened in 2020 shows clear implications of the
involved museums. The reasons for the postponement had little to
do with Guston’s work itself and much more to do with the
institutions’ lack of faith in their curators and lack of belief in the
intellect of the general public’s ability to navigate the subtleties of
Guston’s oeuvre. The cancellation caused a backlash from the
artistic community and locked the museum world in a heated
debate over race, self-censorship, social justice, appropriation and
‘cancel culture’.
 GOVERNMENTS

Philip Guston, Riding Around, 1969.

 Dominant forms of political narratives polarize artists around the world and leave no mercy
to theaters, novelists, museums and musicians who find themselves under attack for being
critical of the government and governing ideologies.
 Forms of nationalism – or religious nationalism – have been used in Poland and Hungary,
but also in India, where governments institutionalized religious bodies play a growing role
in determining what is deemed appropriate in the public space. This tendency adds to the
growing global trend of underfunding culture to make it vulnerable. The appointment of
unprepared and unprofessional persons in key cultural positions has thus become a
systemic issue.
 EXAMPLES

Work by Zehra Doğan. Courtesy the Voice Project.

 Freemuse , is the largest independent international non

governmental organisation advocating and defending  freedom of artistic expression and
cultural diversity .In 2017 , the Organization  reported, that Turkish, Russian, and Chinese
governments abuse counterterror laws against artists, who therefore face censorship,
harassment, threats, or imprisonment, accused of being close to terrorist groups or
because their artwork was interpreted as a threat to the nation.
 The case of Turkish artist and journalist Zehra Doğan sparked media attention from
human rights advocacy groups and arts communities in 2017 when she was sentenced to
two years and 10 months.
 
 Conti………..
• She was jailed, together with her work as a journalist, for a painting depicting a
town in the majority-Kurdish south-east of the country that was destroyed in a
Turkish military operation in 2015.
 WEEK 6 : LECTURE 5 - INTERNATIONAL AND FOREIGN TRENDS
REGULATING THE FREEDOM OF ARTISTIC EXPRESSION
Associate Degree in Creative Multimedia
LAW 101, MEDIA LAW
Year
3_Semester: 01
From October 2021 to February 2022

 Since the middle of the second decade of the 21st century, it can be observed
that the concept of the role of the state in the cultural sphere is changing again,
especially in light of the growing demands by individuals as consumers of
culture.
 The constitutional regulation of art reflects the current directions, the
formulated aims and the professed values of cultural policy. This implies that the
legal regulation of culture and arts shows different models at the international
and national levels as well.
 THE DEVELOPMENT OF THE PROTECTION OF ART UNDER
INTERNATIONAL LAW

Human Rights in International Law

 In the process of recognizing human rights, a major component was the appearance
of these norms in international law. The definition of the types, content, assurances,
limitations and enforceability of human rights became decisive after World War II.
 Following World War II, the international protection of human rights played an
increasingly important role and responsibility, which – beyond the general documents
– led to the birth of separate international conventions on the individual groups of
human rights. The principal characteristic of the development of documents on
international human rights was that initially, they were derived from national
fundamental rights catalogues – i.e. constitutions of individual states – which,
especially in the early stages of development – inevitably, due to the historical, moral-
philosophical background – stemmed the approach and conception on natural law.
 This tendency can also be currently observed in the way states adopt a novel
interpretation to certain human rights or introduce entirely new fundamental rights in
their constitutions. However, it is more characteristic for the current mode of action
that human rights recognized on international level affect national legal systems.
 WEEK 7 : LECTURE 6 – COPYRIGHT AND INTELLECTUAL
PROPERTY
Associate Degree in Creative Multimedia
LAW 101,
MEDIA LAW
Year 3_Semester: 01
From October 2021 to February 2022

Intellectual property
• Intellectual Property refers to the ownership of an idea or design by the person
who came up with it.
• Whereas the operative notion in patents is novelty, so that a patent represents
some invention that is new and has never been made before, the basic concept
behind a copyright is originality, so that a copyright represents something that
has originated from a particular author and not from another.
• Copyrights, patents, and trademarks are all examples of what is known in law as
intellectual property.  
 What is copyright?

• A copyright is a legal device that gives the creator of a literary, artistic, musical or

other creative work the sole right to publish and sell that work.  
• Copyright owners have the right to
control the reproduction of their work, including the right to receive payment
for that reproduction.  
• An author may grant or sell those rights to others, including publishers or
recording companies. Violation of a copyright is called infringement.
• Copyright is distinct from other form of creator protection such as patents,
which give inventors exclusive rights over the use of their inventions, and
trademarks, which are legally protected words or symbols or certain other
distinguishing features that represent products or services.  
 CONT……………..

• Similarly, whereas a patent protects the application of an idea, and a trademark

protects the device that indicates the provider of particular services or goods,
copyright protects the expression of an idea.
 What is protected by copyright?

According to the Copyright Act, 1978, broadcasting scripts, articles, reports,

lectures, speeches, photographs, films, sound recordings, broadcasts,
programme-carrying signals and computer programs are all eligible for copyright.
 Who owns copyright?

• The ownership of copyright in a work vests in the author as soon as that

work is created, without the need for registration.
• However where the author is working for someone else, such as an article
written by a journalist for his/her employer, then that newspaper owner is
the owner of the copyright in the journalist’s work. Similarly, where a
magazine commissions a freelance photographer, that magazine is the
owner of the copyright in photographs used in such commission.
• There can also be other arrangements made in terms of a contract with
regard to copyright.
 Exceptions to Copyright Infringement

There are exceptions to copyright which are important for journalists to bear
in mind. These include:
• When reporting current events in a newspaper or magazine, copyright is
not infringed if the reportage is fair dealing and the source and author’s
name has been mentioned.
• Copyright is not infringed in any other written work available to the public,
as long as there is fair dealing, the extent of the quotation is justified and
the source and author are mentioned.
• A work can lawfully be reproduced for the purposes of a report on judicial
proceedings.
• The media can publish a complete speech, provided it is for an informatory
purpose.
• Official texts and speeches from Parliament, courts or government
administrators can be freely used.
 Permissions

• You generally need permission from the owner of the copyright, such as the
publisher, to use that owner’s material.
• If you cannot get permission, you need to comply with the Copyright Act to use
the material.
 Plagiarism

• An act or instance of using or closely imitating the language and
thoughts of another author without authorization and the
representation of that author's work as one's own, as by not crediting
the original author.
• To steal and pass off (the ideas or words of another) as one's own :  use
(another's production) without crediting the source.
 Journalism and media

• Plagiarism means stealing another person’s work and can be either a breach of
journalistic ethics or a violation of the Copyright Act, or both.
• If journalists adhered to the basic rules of professional journalism, plagiarism
would not be a problem. Every journalist knows the rule of attribution to reliable
sources: what is written under a journalist’s by-line is either what the journalist
witnessed and experienced first-hand or the sources of information are clearly
identified.
• It should also be clear why confidential sources need to remain confidential.
 High-pressure Environment

• But in practice, working under pressure against strict deadlines, some

journalists have made themselves guilty of plagiarism.
• It is vitally important that an ethical newsroom culture is fostered by not only
the journalists, from the most junior cub reporters to the professional senior
editors, but also by management.
 Plagiarism checklist

• A checklist for a newsroom free of plagiarism and copyright infringements:

• Is there an ethical culture in the newsroom?
• Does everyone respect the intellectual property of others?
• Are plagiarism and copyright (and other ethical and legal issues) discussed in
news conferences and/or training sessions now and then?
• Does everyone understand that serious plagiarism will lead to dismissal?
 Checklist continued

• Does everyone understand the basic principles of attribution?

• Is there a policy on quotations, information from other publications,
• press releases, online news providers and confidential
• sources?
• Is everyone, especially the less experienced journalists, skilled in
• note-taking, paraphrasing and attribution?
• Does everyone have a basic understanding of the Copyright Act?
• Is the workload of journalists managed fairly – or do they just
• have to cope under pressure?
 WEEK 8 : LECTURE 7 – PRIVACY, THE INTERNET AND NEW MEDIA
Associate Degree in Creative Multimedia
LAW 101, MEDIA LAW
Year 3_Semester: 01

From October 2021 to February 2022

Introduction
• In a networked world that operates according to the dissemination of
information, issues of privacy raise many concerns for journalists.
• Jurisdiction, the accuracy and legitimacy of digital imagery, as well as the source
and ownership of content all need to be carefully considered in the context of
Section 14.

Year 3_Semester:
01

From October 2021 to February 2022

 Privacy laws
• Privacy law refers to the laws which deal with the regulation of personal
information about individuals which can be collected by governments and other
public as well as private organizations and its storage and use.
• Privacy laws are considered in the context of an individual's privacy rights or
reasonable expectation of privacy.
 International legal standards

• Article 17 of the International Covenant on Civil and Political Rights of the

United Nations of 1966 also protects privacy: "No one shall be subjected to
arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation. Everyone
has the right to the protection of the law against such interference or attacks."
 Privacy

• Privacy falls under the area of South African law that covers unlawful and
intentional damage to one's personality.
• In terms of our common law, the right to privacy includes the protection of the
contents of private correspondence, confidential information, certain
information concerning family matters, issues of personal health, and issues of
lifestyle such as sexual orientation.
 Courts

• Courts have typically employed the 'boni mores' (values of society) test to
establish whether an invasion of privacy has occurred.
• This test looks at whether the reasonable person would consider the act in
question to be an invasion of another's rights.
• But our constitutional framework extends this idea to private information in the
broadest sense which amounts to information that is private in nature, or
information that the individual can reasonably expect to be kept private.
 Privacy checklist

As each case will be adjudicated on an individual basis, it is worth bearing the

following in mind: public interest in the information and/or consent to publication
can be argued as a defence to a;
• claim for invasion of privacy; the public's interest in government
• officials, for instance, will be higher than that of the average
• citizen and accordingly different standards may apply; one needs
• to be especially careful of reports involving children and cases
• being heard 'in camera’;
 Privacy rights

• privacy rights are not only applicable to

• the individual in his/her personal space but are retained in social
• capacities such as in offices, cars and when talking on mobile
• telephones; privacy laws apply to both natural and juristic persons
• e.g. companies and CCs (although the standard for a juristic
• person will differ to that of the average man or woman).
• Added to the above, it is important to recognise the distinction
• between the role of truth in a defamation case and a privacy case.
• While 'truth' offers a solid defence against the former charge, in
• privacy the element of truth may in fact work against the
• publisher, as it verifies the private nature of the information.
 CONT……….

• Further, ownership of copyright in the material is probably not a defence. For

instance, while a company may have the prerequisite contracts allowing them
to access the private emails of their employees, this will not detract from the
employees' rights to privacy as regards the content of those emails.
• No doubt the arguments in support of press freedoms and section16 will offer a
balance to many of the issues raised above, but it is important to realize that
with the new freedoms come limitations.
• Ultimately, it is best to err on the side of caution when dealing with potentially
private information.
 WEEK 8 : LECTURE 7 – PRIVACY, THE INTERNET AND NEW MEDIA
Associate Degree in Creative Multimedia
LAW 101, MEDIA LAW
Year 3_Semester: 01

From October 2021 to February 2022

Defining obscenity
• The character or quality of being obscene; an act, utterance, or item tending to c
orrupt the public morals by its indecency or lewdness.
• Obscenity is a legal term that applies to anything offensive to morals and is often
equated with the term pornography.
• Pornography, however, is a more limited term, which refers to the erotic
content of books, magazines, films, and recordings.
• Obscenity includes pornography, but may also include nude dancing, sexually
oriented commercial telephone messages, and scatological comedy routines.  
• Scatological =obscenity, especially words or humour referring to excrement.
 Defining Indecency

• An act against good behaviour and a just delicacy a morally or sexually offensive

quality : an indecent quality behaviour that is morally or sexually offensive :
indecent behaviour
• The law, in general, will repress indecency as being contrary to good morals, but
, when the public good requires it, themere indecency of disclosures does not s
uffice to exclude them from being given in evidence.
•  The following are examples of indecency: the exposure by a man of his naked
person on a balcony, to public view or bathing in public or the exhibition of
bawdy pictures.
 Regulating obscenity & indecency
(international instruments)
• Article 10(2) of the European Convention on Human Rights specifically provides
in its relevant part that freedom of expression “may be subject to such
formalities conditions, restrictions or penalties are prescribed by and are
necessary in a democratic society… for the protection of… morals…”
• Article 19(3)(b) of the ICCPR specifically provides in its relevant part that the
exercise of the right of expression “may be subject certain restrictions, but
these shall only be such as are provided by law and are necessary for the
protection of… morals…”
• Article 2(b) of the American Convention provides in its relevant part that the
right to freedom of expression “shall be subject to subsequent imposition of
liability, which shall be expressly established by law to the extent necessary to
ensure… the protection of… morals”
 International instruments continued

• The UNESCO Media Development Indicators provide that ‘restrictions upon

freedom of expression… based on… obscenity should be clear and narrowly
defined in law and justifiable as necessary in a democratic society in accordance
with international law and that such laws should be subject to a public interest
override where appropriate”
• Article 3 of the American Convention specifically provides that ‘public
entertainments may be subject by law to prior censorship for the sole purpose
of regulating access to them for the moral protection of childhood and
adolescence.
• Article 59 of the WSIS Geneva Principles provides that ‘[a]ll actors in the
Information Society should take appropriate actions and preventive measures as
determined by law, against abusive uses of ICTs such as ... all forms of child
abuse, including paedophilia and child pornography, and trafficking in, and
exploitation of, human beings.
 Summary

• While protecting children and morality are both legitimate grounds for
regulating or even prohibiting expression, particularly of obscene materials, by
the media, this cannot prevent the publication of information in the public
interest.
• Regulating access to public entertainments (such as films, whether to be shown
in cinemas or broadcast) to prevent access for the moral protection of children
and adolescents is a legitimate ground for prior censorship. In other words, a
government regulatory body can rule on whether to and not, and, if so, how
publication or exhibition of public entertainments is to take place- for example,
imposing age restriction on films.
 Comment

• Some of the international instruments are contradictory on the issue of prior

censorship of materials – that is, approval of content prior to publication by a
governmental official or regulatory agency. However, most countries have
national laws that regulate obscene materials or materials aimed at children
through some system of prior censorship.
• Many countries are moving away from regulating the publication or
broadcasting of materials based on the ground of “morality” due to difficulty of
setting a national standard for morality. This is often a highly subjective matter,
particularly in multicultural societies.